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A Government representative of Sweden welcomed the opportunity to discuss the progress made by his country in the implementation of the Convention which was one of the ILO's priority Conventions. His Government considered that the Convention and an efficient labour inspection system were crucial to the success of the Decent Work Agenda. The progress noted by the Committee of Experts related to certain specific developments in the organization and operation of the labour inspection system. The Committee of Experts had also noted with satisfaction that the in-house training provided by the Swedish Work Environment Authority had been expanded to new groups associated with labour inspection.
He indicated that his Government had established a number of objectives as guidance for the labour inspection system. First, it was vital that the operation of the system should be uniform. Second, targeted inspections should focus on the workplaces presenting the greatest risk of ill health or accidents. Accordingly, the Work Environment Authority had been striving to increase the standardization of inspection activities. Improvements had been achieved and the Authority had revised its internal rules with a view to promoting uniformity of inspection. The overall priority given to preventive safety and health action was based on joint inspection in six sectors with major work environment problems. Over one-fifth of all inspections were follow-up inspections performed at worksites. He noted that inspection activities were supplemented by other tools, including comprehensible rules and inspection notices, easily accessible information and cooperation and the exchange of experience between the various branches, trade unions and other authorities, which all contributed to the achievement of an acceptable occupational safety and health environment.
In its last annual report, the Work Environment Authority had emphasized that occupational safety and health action had improved considerably in workplaces where inspections had been carried out. The Authority expressed particular satisfaction at the comprehensive inspections targeted at the growing problems of threats and violence in society. Examples of the progress made included the decision to abolish the use of cash in the public transport system in the Stockholm area, which had eliminated robberies on the personnel concerned. Hazard risk analyses had been carried out in schools and programmes adopted to combat threats and violence. The number of employees working alone when caring for violent persons had been reduced. Measures had been adopted in the retail trade to improve security and limit the risk of strain injuries.
He emphasized that the improvement of the inspection system was a continuing long-term process. Recent measures adopted included a methodology for more effective supervision of companies located in the various parts of the country. A computerized system had been developed to facilitate the reporting of occupational accidents and other incidents by employers. In addition, the introduction of a procedure for the mapping of workplaces where occupational hazards might be suspected contributed to the efficient use of resources and the concentration of inspection activities on sectors where they were most needed. The in-house training provided by the Work Environment Authority, which had previously been confined to inspection personnel, now included basic training for all employees involved in the handling of supervision procedures. These employees were also provided with supplementary training in accordance with the competence required for their duties. His Government agreed with the Committee of Experts that such measures would contribute to achieving a significant improvement in the operation of the labour inspectorate and hoped that the measures adopted in his country would inspire others to find ways of improving the application of the Convention.
The Employer members thanked the Government representative for the information provided. This was the first time that the case of the application of this Convention by Sweden had come before the Committee and it should be regarded as a case of progress, demonstrating an improvement in national policy for the achievement of fuller compliance with the Convention.
They recalled that Convention No. 81 was a priority Convention which had been ratified by 137 countries. They recognized that labour inspection was an essential function of labour administration. Although the Convention was not prescriptive, it provided guidance for public authorities to follow to institutionalize labour inspection with a view to ensuring the protection of workers in a coordinated and effective manner. Furthermore, the Convention promoted laws and regulations adapted to the changing needs of the labour market. It set out principles regarding the functions and organization of the inspection system, as well as criteria relating to the recruitment, status and terms and conditions of employment of labour inspectors and their powers and obligations.
The Employer members recalled that the duties of labour inspectors were complex and diverse. Inspectors had to be invested with significant authority to fulfil the requirements of their role. Article 7 of the Convention provided for the recruitment of inspectors having regard to their qualifications for the performance of their duties. Article 14 established the requirement to notify the labour inspectorate of industrial accidents and cases of occupational disease as prescribed by national laws or regulations.
The Employer members noted with interest the observation of the Committee of Experts relating to the developments that had occurred in the organization and operation of the labour inspection system in Sweden, including the development of a computerized application for the notification of employment accidents and other incidents. In addition, the determination of a method for the mapping of workplaces where work environment hazards might be suspected, which would allow the Work Environment Agency to evaluate workplace registers in this respect, went beyond the actual requirements of the Convention and was recognized by the Employer members as a positive step. However, the Employer members requested clarification on what the mapping method entailed and confirmation that no legislation was to be introduced in relation to mapping which would impose additional burdens on employers.
The improvement in the training of the staff of labour inspection services was also to be welcomed. The inhouse training provided by the Work Environment Agency, which had previously been limited to inspection personnel, had been extended and now included basic training for all associates concerned with the handling of supervision procedures. After basic training, associates underwent supplementary training according to the competence required for their respective duties.
The Employer members therefore commended the Government on the achievement of a significant improvement in the operation of the labour inspectorate and encouraged the Government to continue reporting on the measures taken to ensure the application of the Convention in law and practice.
The Worker members emphasized that Sweden was not a country that often appeared on the Conference Committee's list of individual cases. It was appearing on it this year by virtue of the indication by the Committee of Experts that progress had been made in implementing the Convention, particularly in relation to the creation of a computerized database, the development of a method for mapping establishments at high risk and the provision of training for labour inspection staff, which was not limited to labour inspectors in the strict sense, but included their colleagues involved in handling supervision procedures.
The Worker members said that they completely shared the view of the Committee of Experts concerning the importance of investing in labour inspection, in accordance with the provisions of the Convention. Labour inspection was a key element in applying international social standards. It required, in particular, a sufficient number of labour inspectors; investment in the quality of collaborators, through both recruitment conditions and continuous training; intense collaboration with the social partners; and the collaboration of qualified experts and technical staff.
Labour inspection was becoming increasingly important in view of the growing complexity of the functions of inspection services in a globalized economy and labour market, in which enterprises and intermediaries were developing practices to circumvent social rules. This was particularly true when a country, such as Sweden, was faced with new waves of immigration and new practices of the international posting of workers, which involved the risk of social dumping. For these reasons, it appeared to be essential that labour inspection services should be capable of developing innovative practices, by reinforcing collaboration between services, making use of the opportunities provided by new information and communication technologies, and developing new methods for the mapping of workplaces that were at high risk.
From this perspective, the observation of the Committee of Experts indicated interesting progress in Sweden. It was however regrettable that some details were missing, both on the improvements made and the effectiveness of the progress achieved. Questions arose as to whether the new database had really improved the notification of employment accidents and whether the new method of mapping establishments at high risk had given rise to more targeted action. In addition, the information on the extension of training lacked the necessary detail for a full evaluation of what was described as being a good practice. It was necessary to ensure that the progress observed was not cancelled out by retrograde steps in other areas.
The Worker members welcomed the fact that the report of the Committee of Experts contained observations on a country which did not hesitate to invest in its labour inspection services, with particular attention to the application of international social law. However, the fact that the data provided were not quite consistent and had been partially contradicted meant that the case could not be viewed as one of true progress that could be taken as an example by governments and the social partners in other member States.
The Worker member of Sweden expressed her satisfaction at Sweden being included on the list as a case of progress. Issues concerning occupational safety and health were certainly of vital importance and a major concern for Swedish trade unions, and any progress in this area was welcome.
However, she indicated certain developments in the area of occupational safety and health that she found very worrying. In order to save money, the Government had decided on large savings in the resources allocated to the Work Environment Authority. These savings would result in a situation in which the number of labour inspectors would not be sufficient to fulfil the requirements of the provisions of the Convention. The ILO had for a long time advocated that there needed to be at least one inspector for every 10,000 workers. After the savings had been made, Sweden would probably have only one inspector for every 13,000 employees, or 0.8 inspectors for every 10,000 employees. In other Nordic countries, the number of inspectors for every 10,000 employees was 1.7 in Denmark and 1.8 in Norway. Sweden would be far below the average number of labour inspectors in Europe, with the reduction of approximately 25 per cent in the number of labour inspectors and the expectation that an enterprise could be visited by labour inspectors a maximum of once every 20 years.
In addition, in 2007 the Government had shut down the National Institute for Working Life, the areas of research of which included the work environment. The Government's rationale was that such research should instead be conducted by universities. Unfortunately, the result of the shutdown had been that research in the area of occupational safety and health was no longer coherent and systematic. The closure of the Institute also resulted in the ending of public funding for the education and training of local trade union health and safety representatives.
At the same time, there had been a very worrying development with an increase in recent years in the number of serious accidents at workplaces, such as those leading to employees being seriously hurt or even causing death. In 2007, a total of 77 workers had died, compared to 68 in 2006. Six of these cases were related to temporary migrant workers working in Sweden. The reasons for this regrettable development had yet to be clarified. The increasing number of accidents at workplaces should be a signal to the Government of the need to take further steps and to strengthen the Work Environment Authority, instead of making savings in this area. She urged the Government to reconsider its policy and to take proper action against this negative development.
The Employer member of Sweden noted that this case of progress concerned three issues: the development of the computerized application for the employers to communicate with the authorities over the Internet; the mapping of workplaces; and in-house training of labour inspection staff and all associates concerned with labour supervision procedures.
With regard to the first issue, Swedish law required employers to report accidents in the workplace to the authority. The Internet application was a positive development, saving employers' time and effort and making reporting easier. His organization welcomed such im- provements.
Regarding the second issue, employers were required by law to conduct risk assessments of the workplace on a regular basis. Labour inspectors also inspected workplaces regularly. These inspections had to, or at least should, be done according to the standards set out by the authority. If the authority could identify risks in workplaces through mapping, this could be a positive step, provided that no further burdens were imposed upon employers, and depending on how the mapping was conducted and what conclusions were drawn from the results.
In connection with the third issue, the in-house basic training provided by the authority to all parties concerned was a step in the right direction. Supplementary training might also be needed. It was very important for the staff of the labour inspection authority to have the knowledge to achieve uniform application of the national work environment legislation throughout the country, in all branches of the economy and in all enterprises.
These measures taken by the Government were an example of how a member State might handle labour inspection matters at the national level, although they went beyond the requirements of the Convention. In response to the statement made by the Worker member of Sweden, he stated that the situation in Sweden could not be evaluated simply in terms of the number of inspectors, but that the quality of inspectors also needed to be taken into consideration. In this regard, training of the inspection staff was important.
The Government representative of Sweden thanked all those who had participated in the discussion. In response to the request for clarification by the Employer members, he indicated that no legislation was envisaged respecting hazard mapping. With regard to the points raised by the Worker member of Sweden, he recalled that the discussion had mainly been based on the positive evaluation of the case by the Committee of Experts. However, a number of points had been raised concerning issues which had arisen after the reporting period. Although the proper time for their discussion would be when such developments had been examined by the Committee of Experts, he could make a number of preliminary remarks. As recalled by the Employer members, effectiveness could not only be measured in terms of numbers. Moreover, the ILO's recommendations concerning the numbers of labour inspectors available were targets and were not legally binding. The circumstances in which the labour inspection system operated should also be taken into account. It was widely recognized that the Swedish inspection system involved the social partners, with their long-standing responsibilities in this area, as well as safety delegates. With regard to the closure of the National Institute for Working Life, he said that it was a matter of opinion as to whether research in the field of occupational safety and health should be handled by a public authority or by universities. His Government's view was that this type of research should be carried out by universities under competitive conditions. With reference to the rise in the number of occupational accidents, he indicated that the Swedish Work Environment Authority had carried out an in- quiry which would evaluate the underlying reasons for this trend. A provisional report would be finished by the middle of June 2008.
The Employer members thanked the Government representative for the clarifications provided, and particularly the indication that there were no plans to introduce legislation respecting hazard mapping. With regard to the statistics mentioned by the Worker member of Sweden, the Employer members recalled that quantity was no substitute for quality and in this respect endorsed the comments made on this subject by the Employer member of Sweden and the Government representative. Moreover, the numbers advocated by the ILO with regard to labour inspectors were merely recommendations and were not mandatory. The Employer members added that it had not yet been established whether the slight rise in the number of employment accidents recorded was in any way linked to the reduction in the number of labour inspectors. They therefore considered that the present case could still be considered a case of progress.
The Worker members said that they did not doubt that Sweden was a country with a modern social model and was a source of inspiration for the entire world. However, as far as the application of the Convention was concerned, the information contained in the observation made by the Committee of Experts was not positive enough to regard this case as a case of progress, especially as Swedish workers had provided contradictory information, particularly in relation to the reduction in the capacity of the labour inspectorate and the dismantling of the National Institute for Working Life just when workers were faced with a substantial increase in the number of workplace accidents. The Government should continue to modernize and better equip its labour inspection services. Furthermore, the Government should provide additional information on developments in the capacity of its services and their collaboration with competent experts, bearing in mind the trend in the number of workplace accidents. Finally, the Committee of Experts should continue to monitor progress in the implementation of the Convention in the country.
Conclusions
The Committee took note of the statement made by the Government representative and the discussion that followed. It noted that the Committee of Experts had considered the measures taken by the Government through the Work Environment Authority to improve the functioning of labour inspection to be a case of progress. These measures included the creation of a web site for the online notification of employment accidents and other incidents; the determination of a method for the mapping of workplaces likely to present occupational safety hazards, thereby facilitating the evaluation of all workplaces registered in this respect; and appropriate training activities for all staff involved in the handling of supervision procedures, particularly with a view to ensuring compliance with professional rules and ethical principles.
The Committee welcomed the measures adopted by the Government. Nevertheless, it requested it to provide the Committee of Experts in the next report due with detailed information enabling it to assess their impact, particularly with regard to: improving the notification of employment accidents; improving occupational safety and health conditions in establishments that were at risk; and with regard to the quality of the collaboration of those who had benefited from the training in labour inspection provided by the Work Environment Authority.
Previous comment
Further to its 2007 observation and to the discussion within the Conference Committee on the Application of Standards in June 2008 considering the measures taken to give effect to the provisions of the Convention to be a case of progress, the Committee would be grateful if the Government would provide further information on the developments relating to the following points.
Articles 7, 13 and 14 of the Convention. Measures taken to improve the occupational safety and health. Please keep the Office informed of the impact of the measures taken to improve the reporting of industrial accidents, occupational safety and health conditions in high-risk establishments and the quality of the collaboration of persons who have benefited from training with regard to labour inspection, provided by the Work Environment Authority.
Article 16. Number and frequency of inspections. Noting that the number of inspections carried out during the period June 2007–May 2009 shows a significant reduction compared to the statistics relating to 2005 and 2006 available on the Work Environment Authority web site (see www.av.se/inspecktion/inspektionsstatistik.aspx), the Committee requests the Government to indicate the reasons for this reduction and to keep the ILO informed of the measures taken or envisaged to ensure better coverage of establishments by the labour inspectorate.
1. Progress achieved during the period covered by the Government’s report. The Committee notes with interest the information provided by the Government concerning the developments that have occurred in the organization and operation of the labour inspection system, including: (i) the development of a computerized application through which a form can be downloaded by employers for the declaration of employment accidents and other incidents; and (ii) the determination of a method for the mapping of workplaces where work environment hazards may be suspected, thereby allowing the Work Environment Authority to evaluate all the workplaces registered in this respect.
2. Article 7 of the Convention. Training of the staff of the labour inspection services. The Committee notes with satisfaction that the in-house training provided by the Work Environment Authority, which was previously limited to inspection personnel only, now includes basic training for all associates concerned with the handling of supervision procedures. After the basic training, associates undergo supplementary training according to the competence required for their respective duties. The Committee does not doubt that such a measure will contribute to achieving a significant improvement in the operation of the labour inspectorate as it will enable the various categories of personnel concerned to adopt a more relevant approach to their own duties in relation to the objectives of labour inspection and the principles to be followed by inspection personnel, particularly those relating to professional rules and ethics.